Title
AN ORDINANCE AMENDING CHAPTER 35 OF THE DULUTH CITY CODE TO REGULATE PRIVATE EGRESS ACROSS THE MARTEN TRAIL
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Article V of Chapter 35 of the Duluth city code, 1959, as amended, is added as follows:
Article V. Private access across publicly owned property.
Sec. 35-35. Definitions.
For purposes of this Article only, the following words and phrases shall have the meaning hereafter ascribed to by this Section:
(a) Applicant. The fee owner of record of real property eligible to apply for and who completes an application for a permit under this Article.
(b) Designated area. Those areas along the Marten Trail established as such in accordance with the provisions of this Article.
(c) Egress. Pedestrian-only access across publicly owned property, including parks and trails.
(d) Marten Trail. The designated public trail system known as the “Waabizheshikana: The Marten Trail.”
Sec. 35-36. Purpose.
The purpose of this Article is to protect publicly owned property including park and trails, and shoreland resources located thereon, by regulating private access across the Marten Trail, the shoreland of the Saint Louis River estuary, or both, for placement of docks in public waters. This section is intended to prevent permanent or incremental encroachment upon publicly owned property, ensure consistency with the city shoreland regulations, and establish permit standards, enforcement authority, and restoration requirements.
Sec. 35-37. Permit required.
No person shall establish, construct, maintain, improve, alter, expand, or use a trail, pathway, or access route across publicly owned land along the Marten Trail, the shoreland of the Saint Louis River estuary, or both, for the purpose of placing a dock in public waters or removing therefrom, without first obtaining a valid permit issued under this Article. The city council may, by resolution, designate certain areas along the Marten Trail abutting the shoreland of the Saint Louis River estuary as dock sites used in connection with permitted egress trail for purposes of placing a dock in public waters or removing therefrom.
Sec. 35-38 Application
Applications for a permit under this Article shall be made to the director of parks and recreation, on forms provided by the city. The city may require such information on the application as city staff deem reasonable and necessary, including but not limited to the following information:
(1) Proof of ownership of property contiguous to the designated area.
(2) Evidence demonstrating compliance with the city’s shoreland regulations, including, but not limited to, issuance of a shoreland permit under Chapter 50 of the Code.
(3) A site plan showing applicant’s intended trail of egress for purposes of placing a dock in public waters or removing therefrom.
(4) Evidence of adequate liability and property insurance such as a homeowner’s insurance policy.
Sec. 35-39. Permit fees.
The applicant shall pay an annual, nonrefundable permit fee to cover administrative costs of processing the permit, which fee shall be set in accordance with Section 31-6(a) of this Code, and shall be submitted at the time of application for the permit. All permits issued under this Article shall expire on the 31st day of December of each year. Permits are non-transferable.
Sec. 35-40. Rules and regulations.
The following rules are hereby established for the regulation of egress across the Marten Trail in the city:
(1) No person shall place a dock in public waters or remove therefrom except as permitted under this Article at locations designated pursuant to Section 35-37.
(2) No permanent improvement shall be installed, constructed, erected, or maintained on publicly owned property, including, but not limited to, decking, boardwalks, stairs, railings, retaining walls, sea walls, edging, or similar improvements.
(3) Permitted egress shall conform to all applicable shoreland regulations in Chapter 50 of this Code. No person shall clear, grade, establish, widen, improve, or maintain any path or trail across the Marten Trail to place a dock in public waters or remove therefrom.
(4) All persons who have placed a dock in public waters permitted under this Article shall remove therefrom prior to transfer of ownership or possessory rights in property contiguous to the designated ownership. If the owner fails, neglects, or refuses to remove the dock from public waters in accordance with this Article, the dock shall be deemed abandoned and the city may remove and dispose of the dock.
(5) All persons permitted egress across the Marten Trail shall take reasonable measures to prevent erosion or sedimentation.
(6) No motor vehicles may be used to place a dock in public waters or remove therefrom.
(7) All docks placed in public waters shall be clearly marked with signs indicating private property.
Sec. 35-41. Indemnity.
No permit shall be issued under this Article unless Applicant agrees in writing to indemnify and save the City harmless from any liability because of injury to person or property arising out of Applicant’s permitted use.
Sec. 35-42. Revocation.
(a) A permit issued under this Article may be revoked by the city administrator, or designee, at any time upon finding the permittee violated any provision of this Article or other good cause shown. The city administrator shall make written findings of fact, conclusions of law, and issue a revocation order.
(b) A permittee whose permit is revoked by the city administrator pursuant to this Section may appeal such revocation to the city council within ten days of the date of mailing of the order of such revocation. Such appeal shall be in writing, and failure to file such appeal within the ten day period shall make the order final. The appeal shall be limited to the review of the findings and conclusion of the city administrator.
(c) Prior revocation of a permit may be grounds for the director of parks and recreation to reject an application or refuse to issue a new permit under this Article to a person or to an entity owned or controlled by a person in control of an entity whose permit has been so revoked.
Section 2. That this ordinance shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance establishes Article V to Chapter 35 Parks and Recreation. The proposed ordinance creates a permit to allow property owners along parts of the Marten Trail to cross the trail and place private docks along the Saint Louis River Estuary. This permit establishes and regulates egress across the City’s property, where in recent years property owners have had no right to install or place docks at the shoreline. City staff have identified sensitive shoreland areas along the Marten Trail that require revegetation and protection from erosion, and this work will take place with the reconstruction of the Marten Trail in 2026. By establishing permitted locations for docking, the City will be able to prevent permanent and incremental encroachment upon publicly owned property. It is important for shorelands to remain heavily vegetated to prevent erosion and bank failures. The bank between the trail and shoreline is narrow in locations and any loss of land could compromise City built trail infrastructure.